Terms
& Conditions
THE RING MEDIA, INC. GENERAL MEMBERSHIP
IMPORTANT TERMS AND CONDITIONS
You must be 18 years of age or older and a valid resident of the United
States of America to participate. No exceptions will be made regarding
this policy.
PLEASE READ THE ENTIRE AGREEMENT SET OUT IN THE PAGES BELOW.
OUR GOAL: THE RING MEDIA, is owned and operated by The
Ring Media, INC. THE RING MEDIA, INC is enabling its Members and Advertisers/Sponsors
to interact in more sophisticated and effective ways while maintaining
its Members' privacy intact. THE RING MEDIA, INC delivers marketers' offers
through a vast network of offers provided by our offer partners. THE RING
MEDIA, INC wants to reward you, as a consumer, for responding to marketers'
offers on THE RING MEDIA, INC. THE RING MEDIA, INC wants to deliver you
more relevant and personalized offers throughout the THE RING MEDIA, INC
by using information that you voluntarily give us while keeping this information
confidential. Please read these terms and conditions and our Privacy Policy
carefully.
You ("You" or "Member") must complete the Membership
Form and read and agree to the terms and conditions of this Agreement
("Agreement") by joining THE RING MEDIA, INC.
IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT INCLUDING
THE PRIVACY POLICY, THE RING MEDIA, INC IS UNWILLING TO OFFER YOU THE
SERVICE. YOU SHOULD LEAVE THE SITE.
THE RING MEDIA, INC., a California corporation, ("THE RING MEDIA,
INC" or "we") may revise these terms from time to time,
at our sole discretion, by updating this posting. Unless otherwise provided
below, the revised terms will take effect when they are posted. Your continued
use of the Service will signify your acceptance to the modified terms.
Please review the terms on this website frequently to look for changes.
A. BASIC REQUIREMENTS FOR MEMBERSHIP. To maintain a Membership
in the THE RING MEDIA, INC Service, You must meet the following requirements
and THE RING MEDIA, INC reserves the right to terminate the Membership
of anyone who fails to meet these requirements on an ongoing basis:
A.1) You must be 18 years of age or older to participate. No exceptions
will be made regarding this policy;
A.2) APPROVED TERRITORIES. The THE RING MEDIA, INC Service is currently
available only in the United States (U.S.) and U.S. Territories. You must
be physically located within the United States or a U.S. Territory while
using the THE RING MEDIA, INC Service, be a legal resident of the United
States or a U.S. Territory and have a physical mailing address in the
United States or a U.S. Territory;
A.3) ONE ACCOUNT PER MEMBER. You may only sign up once and maintain one
Membership in the Service. THE RING MEDIA, INC reserves the right to terminate
duplicate accounts, resulting in the potential loss of accumulated credits;
A.4) PROVIDE ACCURATE INFORMATION. You must provide THE RING MEDIA, INC
with valid contact and residential information and promptly update such
information should it change or should additional information be required
by THE RING MEDIA, INC for legitimate tax-related purposes or any other
reason required by applicable law. THE RING MEDIA, INC reserves the right
to request verification of, and member agrees to be subject to verification
of, any of the information provided by member for enrollment with and
continued use of the services provided by THE RING MEDIA, INC. You may
not impersonate or misrepresent your identity. THE RING MEDIA, INC reserves
the right to terminate any account, and associated membership, containing
untruthful information. THE RING MEDIA, INC is not responsible for lost
payments or communications due to your failure to provide THE RING MEDIA,
INC with valid contact information as reasonably necessary;
A.5) ENROLLMENT. To the full extent allowed by applicable law, THE RING
MEDIA, INC at its sole discretion and for any or no reason may refuse
to accept applications for membership.
A.6) THE RING MEDIA, INC NEWSLETTER AND OTHER EMAILS. By signing up for
THE RING MEDIA, INC, you are opting-in to receive THE RING MEDIA, INC
newsletters and other special offer emails from THE RING MEDIA, INC or
any of its partner sites. If you do not wish to receive these emails,
you may opt-out at any time, by updating your Account information. Once
an update to opt-out has been made to THE RING MEDIA, INC, a request will
be sent to the emailing service and may take up to 48 hours to take effect.
At this juncture, THE RING MEDIA, INC is not responsible for failure of
the emailing service to uphold Your request, but will act accordingly
to attempt to resolve all issues.
A.7) ACCOUNTS ARE NON-TRANSFERABLE. Your password and account are personal
to You and are not transferable; You may not allow anyone else to use
Your password or account or to receive payments to You; You may not use
anyone else's password or account or act to accrue points for anyone else's
account; You are responsible for keeping Your password secret. THE RING
MEDIA, INC will not be liable for losses that are incurred through the
use of Your password by a third party or the disclosure of your password
or account.
A.8) TERMINATION AND CANCELLATION. THE RING MEDIA, INC at its sole discretion
and for any reason or no reason at all may terminate any Members without
prior notice for (a) any violation of any provision of this Agreement;
(b) aiding in or promoting circumvention of the THE RING MEDIA, INC Service;
(c) acting against the business interests or reputation of THE RING MEDIA,
INC; (d) otherwise acting unlawfully in relationship to THE RING MEDIA,
INC, the THE RING MEDIA, INC website or the THE RING MEDIA, INC Service;
(e) breach of our Spamming Policy; (f) inactivity (defined as the failure
to earn any cash in your THE RING MEDIA, INC account) for a continuous
six-month period; or (g) any other reason at the discretion of THE RING
MEDIA, INC. If your account is terminated by THE RING MEDIA, INC, You
may not re-enroll or join under a new account unless formally invited
to do so by THE RING MEDIA, INC. (See Section I. below for more information
about termination of accounts.)You may cancel Your Membership at anytime
by using the "Click here to cancel your account" link in the
Account section of the THE RING MEDIA, INC website. If you decide to cancel
Your membership and later wish to re-enroll, You will be assigned a new
account number and You will not receive credit for referrals made using
Your previous account.
A.9) MEMBER ETIQUETTE. Member shall not tamper, hack, spoof, copy, modify,
or otherwise corrupt the administration, security, or proper function
of any part of THE RING MEDIA, INC. Member shall not use robots or scripts
with THE RING MEDIA, INC. Violation by member will result in termination
of membership, loss of all accrued points and barring from future participation
with the service of THE RING MEDIA, INC. Any decision made by THE RING
MEDIA, INC relating to termination of membership in cases of suspected
abuse or violation of its rules shall be final and binding.
B. YOUR RELATIONSHIP TO THE RING MEDIA, INC. By filling out the
membership information, You are applying to receive a service. Your relationship
to THE RING MEDIA, INC is one of an independent contractor and/or customer.
No employee-employer relationship is created by Your use of the Service.
C. REFERRALS. MEMBERS MAY NOT USE SPAM TO OBTAIN REFERRALS.
You may not use unsolicited email, usenet, or message board postings ("SPAM")
to gather referrals. (Usenet and message board spam are messages sent
or posted which are unrelated to the topic of discussion of the particular
news group or message board.) The use of spam to promote the THE RING
MEDIA, INC service has strict negative consequences. Not only may THE
RING MEDIA, INC terminate the Membership of any Member who in THE RING
MEDIA, INC's reasonable opinion has used unsolicited email to gain referrals
(a "Spammer"); THE RING MEDIA, INC will also sever the branch
of the "referral tree" made up of direct and extended referrals
obtained by the Spammer. The branch accounts (those under the Spammer)
will not be terminated, but no one above the Spammer on the referral tree
will benefit (e.g. receive paid search credits) from them. In addition,
You may be subject to state and federal penalties or other legal consequences
under applicable law if You send unsolicited email. Our Anti-Spam Policy
provides more details and is incorporated into this Agreement.
C.2) MARKETING CLAIMS. You agree not to make any misrepresentations to
any of Your Referrals or potential Referrals with respect to compensation
typically received by THE RING MEDIA, INC members or with respect to compensation
that potential members are likely to receive, and to fully comply with
all applicable laws related to multi-level marketing programs.
C.3) No benefits are available to members for referrals of advertisers
to THE RING MEDIA, INC.
D. CREDIT CARD OFFERS AND FREE GIFTS. If you are accepted by
THE RING MEDIA, INC as a Member of the THE RING MEDIA, INC Service and
meet all the requirements provided in this Agreement You may earn free
gifts for fulfilling offers you have selected if and only if you have
complied with the steps outlined in our Help section.
D.1) There are conditions in order for THE RING MEDIA, INC members to
receive free gifts. THE RING MEDIA, INC members must have cookies enabled.
THE RING MEDIA, INC members must access the merchant site through THE
RING MEDIA, INC. These conditions are mandatory so that the merchant will
know that the THE RING MEDIA, INC member used THE RING MEDIA, INC to reach
the merchant site.
D.2) Free gifts awarded to THE RING MEDIA, INC members are subject to
changes for returns, cancellations, and other events. THE RING MEDIA,
INC can make these changes to THE RING MEDIA, INC member accounts at its
sole discretion. If you disagree with the changes made your sole option
is to deactivate your THE RING MEDIA, INC account.
D.3) Member understands that, in some cases, there may be delay in the
crediting of free gifts for promotions of advertisers or partners due
to advertiser's or partner's failure to provide necessary information
to THE RING MEDIA, INC for such crediting of free gifts. THE RING MEDIA,
INC will not be responsible or liable for the delay or failure to credit
free gifts in such an event.
D.4) THE RING MEDIA, INC does not warranty, guarantee, or insure the quality
of any product or service requested from one of the publisher advertised
merchants.
D.5) THE RING MEDIA, INC neither endorses the contents of advertisements
or third parties Web sites, nor assumes responsibility or liability for
the accuracy of material contained therein, or any infringement of third
party intellectual property rights arising therefrom, or any fraud or
other crime facilitated thereby.
D.6) THE RING MEDIA, INC is not responsible for promotions or additional
offers displayed on the Web sites of the advertised merchants.
E. FREE GIFT ORDERS. Your order will be shipped to the
shipping address provided by You in the Shipping Information form. Orders
placed are subject to availability and delays set by the United States
Postal Service or other shipment service. THE RING MEDIA, INC will make
all reasonable attempts to process and ship all due merchandise within
a reasonable timeframe as stipulated in the help section.
E.2) THE RING MEDIA, INC reserves the right to change free gift requirements
for any product offered within THE RING MEDIA, INC at any time.
E.3) THE RING MEDIA, INC does not warranty, guarantee, or insure the quality
of any product ordered through THE RING MEDIA, INC. THE RING MEDIA, INC
will make all reasonable efforts to compensate You for merchandise determined
dead-on-arrival (DOA), but is subject to terms set by and the cooperation
of the vendor through which the product was purchased. THE RING MEDIA,
INC claims no liability beyond this.
E.4) Limit of one (1) gift per household
F. YOUR RELATIONSHIP WITH ADVERTISERS. Your relationship
with merchants or advertisers whom THE RING MEDIA, INC delivers offers
for on both our publisher sites and THE RING MEDIA, INC, including payment
for and delivery of related goods or services, entry into and operation
of promotions, discounts or contests, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between You and such merchant or advertiser. You agree not to hold THE
RING MEDIA, INC liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the content provided
by such merchants or advertisers through the Service.
G. TERMINATION. If a Member's account is terminated by
THE RING MEDIA, INC, THE RING MEDIA, INC may refuse to honor some or all
of the free gifts credited to the terminated Member's account if such
gifts were earned in violation, or after violation, of this Agreement
or were otherwise unlawfully obtained by the Member. Similarly, THE RING
MEDIA, INC will have no obligation to honor a Member for gifts credited
to the Member's account that were earned in violation or after violation
of this Agreement by any of the Member's direct or extended referrals.
If your account is terminated by THE RING MEDIA, INC, You may not re-enroll
or join under a new account unless formally invited to do so by THE RING
MEDIA, INC.
H. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF
THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED
BY APPLICABLE LAW, THE RING MEDIA, INC EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE RING MEDIA,
INC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
I. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED
BY APPLICABLE LAW, NEITHER THE RING MEDIA, INC NOR ANY OF ITS MEMBERS,
SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS
OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT,
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM
ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS
TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL THE RING MEDIA, INC'S TOTAL CUMULATIVE LIABILITY TO ANY MEMBER
UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO: THE TOTAL VALUE OF THE
PRODUCTS RECEIVED THROUGH THE SERVICES OF THE RING MEDIA, INC.
J . GOVERNING LAW AND OTHER TERMS. Any action related to this
Agreement will be governed by California law, excluding (1) principles
of conflicts of laws, and (2) the United Nations Convention on Contracts
for the International Sale of Goods. Any action relating to this Agreement
shall be brought in the state or federal courts located in the Northern
District of California, and You hereby submit to the exclusive jurisdiction
and venue thereof. You agree to comply with the laws of California and
the United States that apply to the use of this Service and the compensation
You may receive. If the law of Your country, state, or province of residence
prohibit or limit Your participation in this Service, then You are responsible
for complying with such laws and you agree to indemnify THE RING MEDIA,
INC against any breach. If any part of this Agreement is held to be unenforceable,
the unenforceable part shall be given effect to the greatest extent possible
and the remainder will remain in full force and effect. This Agreement
is personal to You and You may not transfer, delegate, or assign this
Agreement, your referral network, your THE RING MEDIA, INC account or
other benefits you receive as a THE RING MEDIA, INC Member to anyone.
Any attempt by You to assign or delegate this Agreement shall be null
and void. THE RING MEDIA, INC may assign this Agreement at its sole discretion.
K. SECURITY To prevent unauthorized access, maintain
data accuracy, and ensure the correct use of information, THE RING MEDIA,
INC has used appropriate industry standard procedures to safeguard the
confidentiality of Your personal information, such as firewall, encryption,
token authentication, application proxies, monitoring technology, and
adaptive analysis of network traffic to track abuse of our network and
its data. However, no data transmitted over the Internet can be 100% secure.
As a result, while we strive to protect your personal information, THE
RING MEDIA, INC cannot guarantee the security of any information that
you transmit to us or from our sponsors and You do so at Your own risk.
This Agreement constitutes the entire Agreement between You and THE RING
MEDIA, INC in connection with general membership in THE RING MEDIA, INC
and supersedes all prior agreements between the parties regarding the
subject matter contained herein. If any provision of this AGREEMENT is
found invalid or unenforceable, that provision will be enforced to the
maximum extent permissible, and the other provisions of this AGREEMENT
will remain in force. No failure of either party to exercise or enforce
any of its rights under this AGREEMENT will act as a waiver of such rights.
CONTACTING US. If You have questions about the Service
or this Agreement, please click here to contact info@theringmedia.com
|